Quoted from Fagbladet 3F
The Labor Court (Volgift Retten) made a decision wednesday 10 may to give three Polish temporary workers who worked at the Copenhagen metro construction, DKK 432,000 in compensation for underpayment.
The bill is sent to the world's largest temporary agency Adecco, who was accused of systematically breaking the agreement's provisions on work and rest time and overtime payment on the metro construction in Copenhagen.
The largest case of wage dumping in the history of Denmark
The ruling, has paved the way for a claim of DKK 50 million from 3F-BJMF. Thus, it can develop into the largest case of wage dumping in the history of Denmark.
The claim can be made on behalf of all temporary workers in the metro construction (even thoug most of the polish workers were not members of 3F, because 3F-BJMF has a collective agreement with Adecco, It is thus the breach of the collective agreement, which is the reason for the case.)
- This case was a trial case for us. Based on the ruling, we have decided to claim DKK 50 million on behalf of all about 1,350 temporary workers who have worked on the metro construction during the period 2013-2016, and can potentially be covered by the case, says union secretary Silas Grage, 3F BJMF. He states that three legal days have been set aside in November and December for that case.
Silas emphasizes that 3F jugement the order as a minimum jugement.
- If we expect that all temporary workers receive at least a similar compensation, we will end up at DKK 50 million when we multiply the amount, he says.
But the bill can be much larger
- In the ruling, the officers consider that there are a number of breaches of the collective agreement that we have not proved sufficiently. We think we can prove that now. This will require a post-payment of additional DKK 50 million, he says.
In addition, a similar case of underpayment against Adecco for 2017 and 2018 is now running, where 3F has awaited the ruling in the current case.
- I am pleased that there has been a clear ruling that it is expensive to abuse the collective agreement. Adecco has done it massively. All the principles of our collective agreement were at stake. But I am dissatisfied with the fact that such a serious case may arise at the world's largest temporary agency, says Silas Grage.
DKK 432,000 in compensation
The current case concerns three Polish construction workers and 3F members, which Adecco has rented to the metro construction in the period 2013-2016.
Timesheets show how the three temps have worked at all times of the day. One of them has been working for 34 consecutive days without a day off and had three consecutive working weeks with more than 91 hours per week.
Another worked in alternating evening and night shifts for up to 12 hours and ended up being so exhausted that he lost a large concrete element from his crane.
The claim from 3F BJMF was DKK 1.7 million by Adecco as compensation for the lack of overtime payment to the three members, but the arbitration tribunal thus reached up to DKK 432.00 in compensation for lack of overtime payment. Plus a fine penalty of 50,000 kroner.
Fagbladet 3F is working on getting a comment from the chief executive of Adecco, Mickey Maymann. Adecco states that they are reading the sentence and returning when they have reviewed it.